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Is there any documentation that supports a night shift

Is there any documentation...

Is there any documentation that supports a night shift person working 10p-8a on a Friday night to have those hours count for the next week? Our work week begins on a Saturday. Because the majority of the hours worked fall on the next day, shouldn't that count for the next day if it's the beginning of a new pay period?

Lawyer's Assistant: Is this an hourly or salaried position? Part time or full time?

Hourly and full time?

Lawyer's Assistant: Where are you located? Employment law varies by state.

Michigan

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

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Answered in 2 minutes by:
7/10/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,377
Experience: Significant experience in all areas of employment law.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I wish I could tell you otherwise, but employers are free to determine the start of their work week. Only if hours worked exceed 40 for the work week must overtime be paid. The fact a shift carries over from one work week to the next does not change this rule. The rule is rigid that, unless the hours actually exceed 40 for the work week, no overtime needs to be paid.

I hope that you find this information helpful and I am genuinely sorry if it is not what you were hoping to hear. If there is anything else I can do for you, just let me know. It's my pleasure.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications, and the information provided is not legal advice.

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Customer reply replied 8 days ago
if I understand this, even though the majority of the hours are on the following day, we must pay them them overtime. Can we have the employee sign a document that states those hours count on the next week or is that breaking the law?

I think the simplest way for me to respond is just by restating (hopefully a bit clearer) the rule:

If an employee works more than 40 hours between 12:01am Saturday to 11:59pm Friday, they are entitled to overtime.

There is no way to have employees sign a document counting hours for the following or proceeding week. Hours either exceed or don't exceed the 40 hour threshhold calculated as described above. That is the extent of the analysis.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,377
Experience: Significant experience in all areas of employment law.
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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